CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1998
CANCELLATION OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Australian Department of Aviation issued AD/S-62/9 in 1986 to correct an unsafe situation on Sikorsky S-62 helicopters. The United States, which is the State of Design for this type, did not take similar action. CASA has reviewed all ADs affecting S-62 helicopters and as a result of the review has determined that the unsafe condition which resulted in AD/S-62/9 no longer exists. Hence, CASA has cancelled AD/S-62/9. The cancellation will become effective 14 April 2005.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been cancelled by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Civil Aviation Act 1988.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. This legislation provides the legislative framework for regulating airworthiness and safety standards, including the issuance and cancellation of airworthiness directives. The Civil Aviation Safety Regulations 1998, which fall under the purview of the Civil Aviation Act, detail the processes by which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives to address safety concerns for aircraft and aeronautical products. The 1988 Act allows CASA to cancel airworthiness directives when the safety conditions that necessitated their issuance no longer exist. This is exemplified in the cancellation of AD/S-62/9, an Australian airworthiness directive issued in 1986 for Sikorsky S-62 helicopters, which CASA determined no longer applied as the safety condition had been resolved. The cancellation was enacted to align Australian regulations with current safety standards and follows the international mandate where the State of Design, in this case the United States, holds primary responsibility for the continuing airworthiness of aircraft types.
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Regulations 1998 collectively establish the legislative framework governing the safety of air navigation in Australia, with a particular focus on the issuance and cancellation of airworthiness directives (ADs). Under this framework, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specified types of aircraft or aeronautical products to ensure their continuing airworthiness. The authority to issue ADs is derived from section 39.001 of the Civil Aviation Safety Regulations 1998, and these directives are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus making them legislative instruments. In the specific case of Sikorsky S-62 helicopters, an AD issued in 1986 to address an unsafe condition was subsequently cancelled by CASA, as the unsafe condition no longer existed. This cancellation was executed in accordance with subsection 84A(2) of the Civil Aviation Act 1988 and took effect on 14 April 2005. The process of cancelling ADs, such as AD/S-62/9, is integral to maintaining the safety standards of air navigation within Australia, ensuring that only necessary and current safety measures are enforced.
Key Provisions
The key provision of this legislation concerns the cancellation of Airworthiness Directive AD/S-62/9 issued by the Australian Civil Aviation Safety Authority (CASA) for Sikorsky S-62 helicopters (subsection 84A(2) of the Civil Aviation Act 1988). CASA issued AD/S-62/9 in 1986 to address an unsafe situation on these helicopters. However, following a review of all ADs affecting S-62 helicopters, CASA determined that the unsafe condition which necessitated AD/S-62/9 no longer exists. Consequently, CASA has decided to cancel AD/S-62/9, which will take effect from 14 April 2005. This cancellation is in accordance with the powers granted to CASA under the Civil Aviation Act 1988.
In issuing airworthiness directives, CASA must act in accordance with the Civil Aviation Regulations 1998, particularly regulation 39.001. These regulations permit CASA to issue airworthiness directives for specific types of aircraft or aeronautical products. The process of issuing such directives is also guided by international standards, particularly Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities to the State of Design and the State of Registry regarding the continuing airworthiness of aircraft. In this case, since the Sikorsky S-62 is designed in the United States, the State of Design did not issue an equivalent airworthiness directive. However, CASA, as Australia's national airworthiness authority, had the responsibility to assess the information provided and issue an Australian AD if necessary.
Entities governed by the Civil Aviation Act 1988, particularly CASA, are required to ensure the safety of air navigation by issuing and managing airworthiness directives appropriately. This includes reviewing the necessity of such directives based on the latest safety information and technological advancements. CASA must also coordinate with the State of Design and comply with international standards to ensure consistency and safety in airworthiness requirements. The cancellation of an airworthiness directive must be a deliberate and well-documented process, reflecting CASA's commitment to safety and regulatory compliance.
Failure to comply with airworthiness directives or improperly cancelling such directives could have serious legal and safety implications. While the specific offences and penalties are not detailed in the provided text, general provisions under the Civil Aviation Act 1988 may include fines, imprisonment, or other penalties for non-compliance with airworthiness regulations. The severity of penalties could depend on the nature and impact of the non-compliance on aviation safety. It is essential for CASA and other regulated entities to adhere to the prescribed processes to avoid legal repercussions and ensure the safety of air navigation.